Four years after Democrat Larry Chisolm became the first new Chatham County prosecutor in nearly three decades, he finds himself fighting for his political life in the wake of a series of controversies that threaten to swamp his bid for a second term.

As of Oct. 9, Meg Daly Heap, the Republican who’s running against Chisolm after serving 15 years as an assistant in the district attorney’s office, including two as Chisolm’s chief assistant, had raised just over $104,000 compared to almost $45,000 for Chisolm.

In 2008, Chisolm was the fresh face on the ballot and defeated David Lock, a longtime chief assistant to former district attorney Spencer Lawton, Jr., to become the county’s first black prosecutor with 54 percent of the vote, the same year President Barack Obama carried Chatham County by a 57 percent margin.

Lawton had held office for 28 years when he announced his retirement, and Chisolm promised to make a number of changes when he moved into the position.

Borrowing on models used in Fulton County and similar-size prosecutor’s offices — and incorporating his experiences as university counsel to Savannah State University — Chisolm installed a cabinet-style management using team leaders to create a hybrid that pledged to eliminate bottlenecks to prosecutions, reduce waiting times for those in jail and improve results.

But a series of issues have dogged his administration almost from the beginning, including harassment and bias claims and the flight of key senior prosecutors and program administrators from his office.

More recently, a jury ordered Chisolm to pay $270,000 to a former staffer who said Chisolm retaliated against her for filing a discrimination complaint against him.

Apart from staffing issues, Chisolm and his staff have suffered high-profile setbacks in the courtroom, including a judge’s dismissal of a long-standing murder case because of a speedy trial violation and a contempt of court finding against an assistant prosecutor for failing to provide a defense attorney with discovery material.

Leadership team exodus

Chisolm’s initial leadership team relied heavily on veteran prosecutors Greg McConnell, Greg Jacobs and Heap — all holdovers from Lawton’s administration with proven track records — and new hires such as assistant district attorneys Diane McLeod and Roxanne Formey.

Of the original members of Chisolm’s eight-member leadership team, only McLeod, deputy chief assistant at juvenile court, and David Lowe, director of Chisolm’s child support services office, remain in place.

Formey, deputy chief assistant for state court, has been out for medical reasons since July 12.

At least 50 people out of a staff of about 80 have left the office since Chisolm took his oath of office, leaving less experienced assistants to handle the caseload.

The loss of prosecutors became an issue in the murder case against Bobby Lavon Buckner, who was accused of the 2003 kidnapping and slaying of 12-year-old Ashleigh Moore. The case was dismissed on speedy trial grounds, and Chisolm’s office has appealed the dismissal to the Georgia Supreme Court.

Attorneys for the Georgia Capital Defender’s office who represented Buckner told the high court in September that, “(Chisolm’s office) is seeking to have internal personnel changes serve as some mitigating factor for their unreasonable delay … .”

Chisolm denies that excessive turnover or loss of senior prosecutors has been a problem.

“Without question, a change in leadership after a 28-year tenure of a prior leader may prompt those partial to a different management style to seek other options,” Chisolm said. “However, the overall turnover rates for lawyers in the past four years are in keeping with attrition rates for the previous administration.”

Heap disagrees. Of the more than 50 employees who have left the district attorney’s office since Chisolm was elected, half had been hired by the incumbent, she said.

“This constant turnover and drain of experience has resulted in the loss of criminal cases from DUIs to murders,” Heap said.

Harassment, discrimination complaints

Internally, staffers have accused Chisolm of harassment and discrimination.

• Jonathan Drummond, hired by Chisolm as an investigator for the new Violence Intervention Program at Memorial University Medical Center, went to county human resources officials two months after being hired to complain of sexual harassment by Chisolm.

A lawsuit filed on Drummond’s behalf in U.S. District Court was dismissed in August after U.S. District Judge William T. Moore Jr. ruled that Drummond failed to plead any actual injury or discrimination.

• Four women have jointly sued Chisolm in federal court for gender discrimination in the hiring of Drummond for the Victim-Witness Assistance Program investigator’s slot. Their case is pending.

• Gwendolyn Robbins, whose job was reclassified by Chisolm along with long-time office administrator Priscilla Russell, sued Chisolm in February 2010, alleging age and gender discrimination and retaliation.

Robbins, 62, lost her job and its $68,000-a-year salary as administrative assistant for support services in what Chisolm characterized as his office reorganization upon taking over in January 2009.

She applied for — but was not interviewed nor hired for — a new position as administrative support services manager at $55,000 a year.

She filed an age and gender discrimination complaint against Chisolm with the federal Equal Employment Opportunity Commission in December 2008 after being told of his plans to terminate her position. She then expanded it to include retaliation, which she said stemmed from her complaint.

Robbins sued Chatham County and Chisolm in February 2010, alleging job discrimination in violation of her civil rights.

Ultimately, a U.S. Distrtict Court jury — after hearing testimony from Chisolm — upheld Robbins’ retaliation claim and ordered him to pay her $270,000.

Chisolm has said he will appeal the jury’s decision to the 11th U.S. Circuit Court of Appeals.

Heap said the money for Robbins will have to be paid by the citizens of Georgia.

“This doesn’t include the cost of an attorney in the amount of $30,000 to represent Mr. Chisolm,” she said. “If Mr. Chisolm appeals this verdict, it will be even a greater financial burden on the citizens of Georgia.”

Chisolm continues to deny he’s guilty of retaliation.

“I continue to believe that she was not the best qualified and the best fit for this position, among the candidates in 2009,” he said. “I view the jury’s verdict as being very appealable, and I believe the courts will have the last say.”

Prosecution problems

Bobby Lavon Buckner was already under a Dec. 12, 2007, indictment for murder and related charges in the April 18, 2003, abduction and slaying of 12-year-old Ashleigh Moore when Chisolm took office.

Buckner was re-indicted on May 13, 2009, with Greg McConnell as the lead prosecutor in the at-times troubled case. McConnell left it behind when he resigned in April 2010.

On March 23, 2011, Buckner was indicted for the third time. Less than two weeks later, Chisolm and Chief Assistant David Perry announced intent to seek the death penalty and the case was reassigned to Judge Freesemann.

Four months and 20 days later, in August 2011, prosecutors dropped the death penalty in favor of life without parole.

As trial delays mounted, Freesemann ruled on May 30 that prosecutors had violated Buckner’s right to a speedy trial and dismissed the indictment.

In her ruling, Freesemann found it concerning that the state announced on the eve of trial nearly eight years after the crime that it was seeking the death penalty, then four months later withdrew it “at least partially on the basis that the state discovered problems with the evidence.”

She also ruled that, following announcement of the death penalty, she had to repeatedly intervene in ongoing discovery disputes “as the result of the prosecution’s actions.”

“The court is left to conclude, based on the record and the state’s pattern of behavior since April of 2011, that the state lacks any interest in a timely trial of the defendant,” Freesemann ruled.

Chisolm has appealed the ruling to Georgia Supreme Court.

He argues he inherited the case from Lawton, who had it from 2003-2007, and was not responsible for evidence in possession of police. He has repeatedly denied causing delays in the prosecution.

Chisolm said he has not blamed anyone in connection with evidentiary issues in the case.

“Evidence seized and recovered in criminal investigations is never maintained or stored by the DA’s Office — even prior to my arrival in 2009,” he said. “Therefore, the DA’s Office would not be responsible for missing evidence.”

Heap said the fact Buckner was not brought to trial is “a travesty of justice.”

“The fact that Mr. Chisolm failed to follow the order of the court, lost evidence, and was not prepared for trial is a travesty of justice,” she said. “The fact that Mr. Chisolm announced he would seek the greatest punishment against a person, i.e. the death penalty, without being fully prepared is a travesty of justice.”

Buckner left the Chatham County jail June 4, jail officials said, and remains in custody at Calhoun State Prison under sentence in an unrelated crime.

Contempt of court

Discovery violations again dogged prosecutors after Chatham County Superior Court Judge Timothy R. Walmsley cited Assistant District Attorney Melanie Higgins for contempt of court on Aug. 21 and ordered her to pay $300 to CrimeStoppers of Savannah-Chatham County for repeatedly failing to comply with court orders in a murder case.

Higgins, who has worked as a prosecutor in the office since 1990, repeatedly failed to provide discovery sought by an attorney for a man charged with murder in an apparent 2011 drug-related payback killing.

The judge said he met with Higgins and Chief Assistant District Attorney David Perry in June to “discuss compliance with the court’s orders, as well as other discovery issues that involved Higgins.”

Higgins subsequently filed two documents with the court indicating she had served the requested information by hand on defense attorney Greg Crawford, but he had not received them until Aug. 9.

Walmsley said the “misleading certificates of service (are) particularly troubling to the court.”

Chisolm said the matter is under review, and “I will not discuss the specifics of her case or personnel matters until the appropriate time.”

Heap said employees will have problems in any given office, either personally or professionally.

“It is the duty of the management to be aware of personnel problems and address them before they affect performance,” she said.

Results

Overall, Chisolm said, his office has a strong track record for life-in-prison and life-in-prison-without-parole sentences in homicide cases in recent years.

“When cases have to be reduced, from time to time, due to issues that arise with witnesses or evidence, the root of the problem is often out of the prosecution’s control and did not originate in the courtroom,” he said. Witnesses can be uncooperative and that can be attributed to distrust of law enforcement or they’ll get hurt if they testify, Chisolm said.

“This is a much more deep-seated issue and a mind set that can only be changed with assistance from community leaders, churches and law enforcement programs aimed at reversing this negative mentality,” he said.

Ultimately, Heap said, citizens want the district attorney’s office to do its job, which is to bring justice to those who have been victimized by crime.

“That is not being done,” she said. “The constant turnover, lack of continuity, and lack of experience has resulted in the reduction, dismissal, and acquittals in the most serious cases in our community.”

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It’s not my fault!! Why can’t this county get its act together?? From what I have read and heard about Ms. Daly-Heap, she certainly has my vote… And I don’t even know if she is white or black…. It certainly seems as if that is all that matters in Chatham County… Your black…Hey you got the job!!
Might sound a bit racist but the entire 7 years of living here that is all I have seen!!!
The current DA sounds a bit like RTS, when asked why 50 people have left his office…… Well, there are always changes… I call BS!! You don’t get sued for discrimination for nothing!!

I know the Fulton County (Atlanta) District Attorney's Office like the back of my hand, and I tell you, this Chatham office isn't anything compared to it. Savannah/Chatham County should be embarrassed, and raising Cain about the conduct of the office. IT IS DISGRACEFUL! Judge Freesemann's Order was long past due and entirely appropriate, a Murder case was dismissed, and CHISOLM is responsible. Law suits and judgments against Chisolm for incredible conduct, discrimination, and mal-feasance of office, is grounds for his immediate dismissal and removal from office. Chisholm is irresponsible, and seeks to blame assistants, but it is his PERSONAL conduct and lack of integrity that is at fault! Turnover of personnel is another red flag...IT IS ALL CHISOLM'S FAULT...a vote for him is a vote for TOTAL INCOMPETENCE!

I buy my meat at Kroger or the Pig. My question is my vote. Can I vote for someone that buys their meat at the same place, or am I required to vote on skin color? I used to vote on the candidates qualifications, not if they look like me, but Chatham makes it's own laws on racism.

Larry may be a decent attorney if he stays within his abilities. In his present employment, however, the Peter Principle seems to apply.

The public record clearly shows him to be neither an adequate manager, nor a team builder, nor able to adequately apply employment law precepts, nor willing to keep tabs on the workings of the office he was elected to run.

Often a change in DA, and normal attrition, result in significant staff overturn, but when six out of eight of Larry's own management team, and half of the 50 employees who have left the 80 person office are Larry's own hires, we have major problems from the outset.

If staffing problems were not enough, Larry added his failure or refusal to anticipate employment and EEOC legal issues to the extent of lawsuits being filed, and an adverse federal jury verdict entered, costing us money as taxpayers.

In the meantime, Larry refused or failed to monitor or assist the new and few remaining employees to insure that the extensive office problems did not effect prosecutions, the result being a contempt citation, failures of cases in open court, unnecessary plea bargains, and the dismissal of a murder case.

If in advance of these fiascos we tried to anticipate everything that could go wrong in a DA's office, Larry has fulfilled most of them. If Improper Management of a DA's Office was a crime, even Larry's office could get a conviction in his case.

For those folks interested in "firsts" - since we've passed the hallmark of first black DA, perhaps it's time for the first female DA.